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HomeMy WebLinkAboutResolution No. 2026-57 Currie Sowards Aguila Architects Work Authorization No. 5 Aventura High School - October 6, 2026C CS C CURRIE SOWARDS AGUILA A R C H I T E C T S September 28, 2026 Jess M. Sowards, AIA, LEED AP, Principal Jose (JJ) F. Jaramillo, AIA, LEED AP, Principal AGREEMENT FOR PROFESSIONAL SERVICES Mr. Jake Ozyman PE, PMP Public Works and Transportation Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: New Don Soffer Aventura High School — Work Authorization #005 — Construction Documents through Construction Administration Project No: 250603 RFQ No. 2025-04 PW-2025-1 Dear Mr. Ozyman, This confirms your request for CURRIE SOWARDS AGUILA ARCHITECTS (the Architect) to provide professional architectural/engineering services for the above -referenced Project as detailed herein for City of Aventura (the Client). Any provisions within this agreement that contradicts with the master professional services agreement with the Client (CITY) dated September 2, 2025, the master agreement prevails. ARTICLE 1: DESCRIPTION OF PROFESSIONAL SERVICES 1.1. The services generally consist of: Architectural, engineering and speciality consultant services for an new 137,000 square feet high school located immediately west of the existing Don Soffer High School at 3151 NE 213rd Street, Aventura, FL. 33180. This Work Authoriation (WA) will focus on the Construction Documents through Construction Administration Phases of the project and is based on the schematic design drawings provided to the Client (CITY). 1.2. The services will include the following phases (see Exhibit "A"): a. Design development b. Construction documents c. Permitting assistance/coordination d. Bidding services e. Construction administration 1.3. The following items are not a part of this Agreement, but may be added for an additional fee if requested: Architecture, Planning, Interiors, Sustainable Design I AR0013205 185 NE 4th Avenue, Suite 101, Delray Beach, FL 33483 T 561-276-4951 www.csa-architects.com a. Threshold or special inspections b. Cost estimates ARTICLE 2: CLIENT -PROVIDED ITEMS (some terms may not apply) 2.1 The Client shall provide the Architect with a geotechnical analysis (soils report) and a certified engineer's recommendation for use in the design of the structure. 2.2 The Client shall provide the Architect with percolation tests and analysis for use in the design of the drainage requirements as required by code. 2.3 The Architect shall be entitled to rely on the accuracy and completeness of the information provided by the Client, without independent verification of the same. FA11AI[SI*E 9:1V 3.1 Professional fees for the services described in Article 1 of this Agreement shall be: Four Million, Seven Hundred and Fifty -One Thousand Nine Hundred and Forty -Nine Dollars and No Cents (4,751,949.00) Project Phases Design Development $ 982,143.00 Construction Documents $ 1,855901.00 Bidding and Permitting $ 310,157.00 Construction Adminstration $ 1,231,030.00 Civil Engineering $ 347,718.00 Reimbursable Expenses Total $ 25,000.00 $ 4,751,949.00 3.2 A retainer $0.00 in the amount of will be required, upon execution of this Agreement, in order to begin. The retainer portion of the fee will be applied to the final invoice. 3.3 Direct project expenses (reimbursable expenses) are in addition to compensation described in Article 3.1 above and include, but are not limited to, actual expenditures made by the Architect or its consultants in the interest of the Project as follows: a. Reproductions at cost. b. In-house black and white plotting at the rate of $2.00 per sheet c. In-house color plotting at the rate of $12.00 per sheet d. Mail, shipping, and courier service at cost. e. Permit fees or agency review fees. f. Automobile travel at the rate of $0.72 per mile, plus tolls if applicable. Page 2 of 9 3.4 Payment on account of services rendered, including direct project expenses incurred, shall be made monthly upon presentation of the Architect's invoice of professional services. Should any portion of the invoice be in dispute, all other portions shall be paid per the terms of this Agreement. Any billing concerns shall be submitted in writing by the Client to the Architect, describing the disputed portion of the invoice in detail for discussion and resolution. If the Client fails to provide written objections to the invoice within fifteen (15) days of the invoice date, it will be deemed that there are no objections, or objections are waived. 3.5 Payment on account of the Architect's services, as well as any direct project expenses, shall be made within thirty (30) days of invoice date for services rendered and/or expenses incurred. 3.6 Payments due the Architect and unpaid past sixty (60) days shall bear interest at the rate of 1 %2 percent per month for unpaid portions of the work. ARTICLE 4: CHANGE IN SERVICES 4.1 Change in the services to be performed by the Architect or the Architect's consultants may be accomplished after execution of this Agreement, without invalidating the Agreement, by mutual agreement and execution of a written Change in Services Authorization. 4.2 Any change in Services shall be invoiced at an agreed to Lump Sum Fee for the work described, or in the absence of an established fee, the current fee structure shall apply. The firm's current hourly rates are as follows: a. Sr. Principal $325.00 b. Principal $275.00 c. Architect/Engineer $255.00 d. Sr. Project Manager $225.00 e. Project Manager $175.00 f. CADD/Drafter/Modeler II $155.00 g. CADD/Drafter/Modeler I $125.00 h. Intern/Support $103.00 i. Clerical/Support $ 90.00 4.3 Additional services requested to be performed by outside consultants' basic services will be invoiced at cost plus and administrative fee of Five (5%) percent. 4.4 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation. a. Clients' change in instruction or approval, which requires revisions to completed services. b. Changes or revisions in code, laws, regulations, or official interpretations which necessitate changes to completed services. c. Decisions or direction required by the Client not clearly or completely transmitted to the Architect in a timely manner. d. Significant change in the Project, including, but not limited to, size, quality, complexity, the Client's schedule, or budget. Page 3 of 9 e. Failure of performance on the part of the Client or the Client's consultants. f. Preparation for and attendance at dispute resolution proceedings or a legal proceeding except where the Architect is a party thereto. ARTICLE 5: OWNERSHIP OF DOCUMENTS 5.1 Drawings, specifications, and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultant shall be deemed the authors and Clients of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 5.2 Upon execution of this Agreement, the Client shall have the right to reproduce the Architect's Instrument of Service solely for the purpose of constructing, using, and maintaining the Project, provided that the Client shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. 5.3 The Client shall not use the Instruments of Service for future additions or alterations to this Project or other projects unless the Client obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Client's sole risk and without liability to the Architect and the Architect's consultant. 0:i1[yRX:31r9�:]1/I1►/_llINL[0]:�i11y»►�y[el01 6.1 If the Client fails to make payment for services or otherwise materially defaults under the terms of this Agreement, the Architect, at its option, may declare this Agreement in default and may either terminate the Agreement or suspend the work. If the Architect elects to terminate this Agreement, the Architect shall provide the Client with written notice of termination as stipulated herein. 6.2 Termination for Cause: Either party may terminate this Agreement upon seven (7) days' written notice. The party initiating the termination notice must provide the other with a reasonable opportunity to cure, but in no event more than ten (10) calendar days from receipt of written notice. 6.3 Termination of Architectural Services Not -for -Cause: The Client may terminate the Architect without cause upon seven-day written notice of termination. In the event of termination without cause, the Architect shall be compensated for all services rendered through the date of receipt of written termination notice in accordance with the terms of this Agreement. 6.4 Termination of Professional Services with the Client Not -for -Cause: The Architect may terminate professional Services with the Client, without cause, upon no less than forty-five (45) calendar days' written notice. ARTICLE 7 - MISCELLANEOUS PROVISIONS 7.1 The Architect shall maintain an errors and omissions policy for the duration of the project in an amount of not less than One Million Dollars ($1,000,000.00). In recognition of the relative risks and benefits Page 4 of 9 of the project to both the Client and the Architect, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of the Architect to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the Architect to the Client shall not exceed the Architects limits of coverage of its professional liability policy which is One Million Dollars ($1,000,000.00) and No Cents. A Certificate of Insurance will be provided to the Client at or prior to the execution of this Agreement. It is intended that this limitation apply to any and all liability or cause of action, however alleged or arising, unless otherwise prohibited by law. No action or liability shall arise against the Architect for monetary damages, consequential damages, or lost profit above the limited amount. 7.2 The following text and font size are required by Florida Statutes. PURSUANT TO §558.0035 FLORIDA STATUTES AN INDIVIDUAL EMPLOYEE OR AGENT OF CURRIE SOWARDS AGUILA ARCHITECTS, INC. CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER. BY SIGNING THIS AGREEMENT, YOU HAVE ACCEPTED THIS LIMITATION OF LIABILITY. 7.3 Betterment — If due to the Consultant's negligence, a required item or component of the project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the construction documents. In no event will the Consultant be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the project. 7.4 In an effort to resolve any conflicts that arise during the design and construction of the project, or following the completion of the project, the Client and the Architect agree that all disputes between them arising out of or relating to this Agreement, or the Project shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The Client and the Architect further agree to include a similar mediation provision in all agreements with independent contractors or consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, thereby providing for mediation as the primary method for dispute resolution between the parties to all agreements. 7.5 Certificate of Merit: The Client shall make no claim for professional negligence, either directly or by way of a cross complaint against the Architect unless the Client has first provided the Architect with a written certification executed by an independent architect currently practicing in the same discipline as the Architect in the State of Florida. This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for an architect performing professional services under similar circumstances; and c) state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the Page 5 of 9 standard of care. This certificate shall be provided to the Architect not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration, mediation, or judicial proceeding. This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim or demand for mediation or proceeding. 7.6 This Agreement shall be governed by the laws of the State of Florida. Venue for any proceedings between the Architect and the Client shall take place in Palm Beach County, Florida. 7.7 Delays: The Client agrees that the Architect is not responsible for damages arising directly or indirectly from any delays for causes beyond the Architect's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires; riots; war or other emergencies or acts of God; failure of any governmental agency to act in a timely manner; failure of performance by the Client or the Client's consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from such causes increase the cost or time required by the Architect to perform its services in an orderly and efficient manner, the architect shall be entitled to an equitable adjustment in schedule and/or compensation. 7.8 Upon execution of this Agreement, the Client agrees to allow the Architect the right to photograph the completed project and to publish photos in the promotion of the Architect's practice through advertising, public relations, brochures, award competitions, or other marketing materials desired by the Architect. The material used by the Architect shall not have any confidential or proprietary information released if the Client has previously advised the Architect not to divulge said information. 7.9 This written Agreement represents the entire and integrated Agreement between the Client and the Architect and supersedes all prior negotiations or agreements, either written or oral. This Agreement may be amended only if agreed to by both parties, in writing. 7.10 This Agreement is deemed effective only upon execution by both parties. If full execution is not accomplished within forty-five (45) days from the date indicated on page one of this Agreement, the offer set forth by tendering a signed copy of this Agreement shall be null and void. 7.11 Any term or provision of this Agreement found to be invalid under any applicable Statute or rule of law shall be deemed omitted, and the remainder of this Agreement shall remain in full force and effect. 7.12 This Agreement may be executed in counterparts. A signed email or fax copy of this Agreement shall be valid as an equal. 7.13 Any required or permitted notices shall be given by Certified Mail (RRR), hand delivery, or courier with signed receipt. Notices shall be given to the following addresses (either party may change its address for notices by giving notice in accordance with this provision): Page 6 of 9 AS TO CI IFNT AS TO ARCHITECT Currie Sowards Aguila Architects 185 NE 4th Avenue, Suite 101 Delray Beach, FL 33483 September 28, 2026 Dated: Dated: Client Signature Printed name and title. 000s�„IA�aA0 Jess Sowards��� Architect Signature Jess M. Sowards, AIA, LEED AP, President Printed name and title. Note: The above signator has the authority as Client, or authorized Agent for the Client, to sign this Agreement for Professional Services. If Agent, letter of authorization from Client must be provided. The Architect has the right to rely on these facts without legal or other independent verification measures. Page 7 of 9 EXHIBIT • MECHANICAL ENGINEERING "A" • • ❑X ❑ ELECTRICAL ENGINEERING ❑X ❑ PLUMBING ENGINEERING ❑X ❑ TELECOMMUNICATION/DATA DESIGN ❑ ❑X Coordination with CSUSA STRUCTURAL ENGINEERING ❑X ❑ CIVIL ENGINEERING ❑X ❑ LANDSCAPE ARCHITECTURE ❑X ❑ IRRIGATION DESIGN ❑X ❑ INTERIOR DESIGN ❑X ❑ Colors/materials selected by committee TRAFFIC ENGINEERING ❑ ❑X ENVIRONMENTAL IMPACT ANALYSIS ❑X ❑ ACOUSTICAL ANALYSIS ❑X ❑ BOUNDARY/TOPOGRAPHY/TREE SURVEYS ❑X ❑ SOILS REPORT/RECOMMENDATIONS ❑ ❑X COMMISSIONING ❑ ❑X COST ESTIMATING ❑ ❑X KITCHEN DESIGN ❑ ❑X Provided by Charter School USA vendor LEED/SUSTATINABLE CERTIFICATION ❑ ❑X BUILDING INFORMATION MODELING ❑X ❑ ASBESTOS SURVEY ❑ ❑X EXISTING BUILDING SURVEYS ❑ ❑X PROGRAMMING ❑ ❑X SITE PLAN APPROVAL ❑X ❑ RENDERINGS ❑X ❑ REZONING ❑ ❑X ABANDONMENTS ❑ ❑X CONDITIONAL USE ❑ ❑X SCHEDULING ❑ ❑X CONSTRUCTION DOCUMENTS ❑X ❑ BOOK SPECIFICATIONS ❑X ❑ CONTRACTOR SELECTION ASSISTANCE ❑ ❑X BIDDING EVALUATIONS & RECOMMENDATIONS ❑X ❑ COASTAL CONSTRUCTION PERMITTING ❑ ❑X PERIODIC CONSTRUCTION ADMINISTRATION ❑X ❑ ON -SITE PROJECT REPRESENTATION ❑ ❑X SHOP DRAWING REVIEW ❑X ❑ AS -CONSTRUCTED RECORD DRAWINGS ❑ ❑X LIFE CYCLE COST ANALYSIS ❑ ❑X MEASURED DRAWINGS ❑ ❑X PAYMENT APPLICATION REVIEW ❑X ❑ Page 8 of 9 PUNCHLIST/CLOSE-OUT ❑X ❑ PHOTOGRAPHY ❑ ❑X POST OCCUPANCY EVALUATION ❑ ❑X WARRANTY SURVEY ❑ ❑X Page 9 of 9